Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Notices 38789 

1See FRA Docket Nos. FRA–2019–0066 (Amtrak) 

and FRA–2019–0068 (Texas Central Railroad); see 

also 85 FR 69700 (Nov. 3, 2020). Both FRA dockets 

are available for review on www.regulations.gov. 

2 Id. 

Office of the Historian, Washington, DC 

20372, history@state.gov. 

Adam M. Howard, 

Executive Secretary, Advisory Committee on 

Historical, Diplomatic Documentation. 

[FR Doc. 2021–15558 Filed 7–21–21; 8:45 am] 

BILLING CODE 4710–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2021–0069] 

Petition for Waiver of Compliance 

Under part 211 of title 49 Code of 

Federal Regulations (CFR), this 

document provides the public notice 

that on May 28, 2021, Dallas Area Rapid 

Transit (DART) petitioned the Federal 

Railroad Administration (FRA) for a 

waiver of compliance from certain 

provisions of the Federal railroad safety 

regulations contained at 49 CFR parts 

229 (Railroad Locomotive Safety 

Standards), 231 (Railroad Safety 

Appliance Standards), and 238 

(Passenger Equipment Safety 

Standards), and an exemption from 

certain requirements of chapter 203, 

title 49 of the United States Code 

(U.S.C.). FRA assigned the petition 

Docket Number FRA–2021–0069. 

Specifically, DART requests special 

approval for certain design elements of 

its Stadler FLIRT 3 diesel multiple unit 

(DMU) railcars that do not comply with 

FRA regulations. DART seeks relief from 

49 CFR 229.47(b), Emergency brake 

valve; 231.14(a)(2), (b)–(d), (f), and (g), 

Passenger-train cars without end 

platforms; and 238.305(c)(5), Interior 

calendar day mechanical inspection of 

passenger cars. DART also requests that 

FRA exercise its authority under 49 

U.S.C. 20306 to exempt the DMUs from 

the requirements of 49 U.S.C. 20302, 

which, in part, mandates that railroad 

vehicles be equipped with (1) couplers 

that couple automatically by impact, 

and are capable of being uncoupled, 

without individuals having to go 

between the ends of equipment; and (2) 

secure sill steps and grab irons or 

handholds on the vehicle’s ends and 

sides for greater security to individuals 

coupling and uncoupling the vehicle. 

See 49 U.S.C. 20302(a)(1)(A), (B), and 

(a)(2). 

Section 20306 authorizes FRA to 

exempt rail equipment from the 

requirements of 49 U.S.C. chapter 203, 

including Section 20302, when those 

requirements ‘‘preclude the 

development or implementation of more 

efficient railroad transportation 

equipment or other transportation 

innovations under existing law.’’ 

Section 20306 requires FRA to base any 

such exemption on either (1) findings 

developed at a hearing, or (2) an 

agreement between labor and the 

developer of the equipment. 

FRA has previously held Section 

20306 hearings for equipment 

substantially similar to the FLIRT 3 

DMUs.1 The equipment was also 

proposed to be operated in substantially 

similar operating environments to that 

which DART proposes in this docket.2

As a result, FRA finds that holding a 

public hearing under Section 20306 in 

response to DART’s current exemption 

request is not necessary and FRA 

intends to rely on the findings from 

these previous hearings when 

considering DART’s current exemption 

request. 

A copy of the petition, as well as any 

written communications concerning the 

petition, is available for review online at 

www.regulations.gov. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested party desires 

an opportunity for oral comment and a 

public hearing, they should notify FRA, 

in writing, before the end of the 

comment period and specify the basis 

for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number and may be 

submitted by any of the following 

methods: 

• Website: http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation 

(DOT), 1200 New Jersey Ave. SE, W12– 

140, Washington, DC 20590. 

Communications received by 

September 7, 2021 will be considered by 

FRA before final action is taken. 

Comments received after that date will 

be considered if practicable. Anyone 

can search the electronic form of any 

written communications and comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the document, if 

submitted on behalf of an association, 

business, labor union, etc.). Under 5 

U.S.C. 553(c), DOT solicits comments 

from the public to better inform its 

processes. DOT posts these comments, 

without edit, including any personal 

information the commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

https://www.transportation.gov/privacy. 

See also https://www.regulations.gov/ 

privacy-notice for the privacy notice of 

regulations.gov. 

Issued in Washington, DC. 

John Karl Alexy, 

Associate Administrator for Railroad Safety, 

Chief Safety Officer. 

[FR Doc. 2021–15603 Filed 7–21–21; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Federal Transit Administration 

Notice of Limitation on Claims Against 

Proposed Public Transportation 

Project 

AGENCY: Federal Railroad 

Administration (FRA), Federal Transit 

Administration (FTA), U.S. Department 

of Transportation (DOT). 

ACTION: Notice. 

SUMMARY: This notice announces final 

environmental actions taken by FRA 

and FTA regarding the Hudson Tunnel 

Project (Project). The purpose of this 

notice is to announce publicly the 

environmental decisions on the subject 

project and to activate the limitation on 

any claims that may challenge these 

final environmental actions. 

DATES: A claim seeking judicial review 

of actions announced herein for the 

listed public transportation project will 

be barred unless the claim is filed on or 

before December 20, 2021. 

FOR FURTHER INFORMATION CONTACT: 

For FRA: Kathryn Johnson, AttorneyAdvisor, Office of Chief Counsel, 

telephone: (202) 493–0407, email: 

kathryn.johnson@dot.gov; or Amishi 

Castelli, Northeast Corridor Program 

Manager, Office of Railroad Policy and 

Development, telephone: (617) 431– 

0416, email: amishi.castelli@dot.gov. 

For FTA: John A. Sautter, Region 2 

Counsel, Office of Chief Counsel, 

telephone: (202) 748–0700, email: 

john.sautter@dot.gov; or Donald Burns, 

Region 2 Supervisory Transportation 

Program Specialist, telephone: (212) 

668–2203, email: donald.burns@dot.gov; 

or Saadat Khan, Environmental 

Protection Specialist, Office of 

Environmental Programs, telephone: 


lotter on DSK11XQN23PROD with NOTICES1
38790 Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Notices 

1Seven of the 12 cars were formerly given special 

approval in Docket Number FRA–2009–0084. The 

relief expired on May 15, 2020. 

(202) 366–9647, email: saadat.khan@

dot.gov. FTA Region 2 is located at 1 

Bowling Green, Room 428, New York, 

NY 10004. FTA and FRA Headquarters 

are located at 1200 New Jersey Avenue 

SE, Washington, DC 20590. Office hours 

for both Regional and Headquarters 

Offices are from 9:00 a.m. to 5:00 p.m., 

Monday through Friday, except Federal 

holidays. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that FRA and FTA have 

taken final agency action by issuing 

certain approvals for the public 

transportation project listed below. In 

accordance with 40 CFR 1506.3 and 23 

U.S.C. 139, FRA and FTA issued a final 

environmental impact statement (FEIS) 

and record of decision (ROD) on May 

28, 2021. All actions on the project, as 

well as the laws under which such 

actions were taken, are described in the 

documentation issued in connection 

with the project to comply with the 

National Environmental Policy Act 

(NEPA) as well as in documents in the 

FTA environmental project file. 

Interested parties may find more 

information on the Project website 

(http://www.hudsontunnelproject.com/) 

or FRA’s website for the Project (https:// 

railroads.dot.gov/environmentalreviews/hudson-tunnel-project/ 

environmental-impact-statement). 

A summary of the Project that is the 

subject of this notice follows: 

Project name and location: Hudson 

Tunnel Project, Hudson River passenger 

rail crossing, Hudson County, New 

Jersey and New York County, New York. 

Project Sponsor: Port Authority of 

New York and New Jersey, New York, 

New York. 

Project description: The Project 

involves construction of a two-track 

tunnel under the Hudson River (the 

Hudson River Tunnel) and railroad 

infrastructure in New Jersey and New 

York connecting the new rail tunnel to 

the existing Northeast Corridor (NEC), 

and rehabilitation of the existing North 

River Tunnel. The new Hudson River 

Tunnel will have two new tracks 

extending from the NEC in Secaucus, 

New Jersey, beneath the Palisades 

(North Bergen and Union City, New 

Jersey) and the Hoboken/Weehawken, 

New Jersey waterfront area, and beneath 

the Hudson River to connect to the 

existing tracks in Penn Station New 

York (PSNY). The new Hudson River 

Tunnel will be parallel to, and south of, 

the existing NEC between Secaucus, 

New Jersey and PSNY. This alignment 

will extend for a distance of 

approximately 4.5 miles. New 

ventilation shafts and associated fan 

plants will be located above the tunnel 

in New Jersey and New York for regular 

and emergency ventilation and 

emergency access and egress. The 

western terminus of the new tunnel and 

related tracks and infrastructure will be 

at Allied Interlocking, east of County 

Road in Secaucus, New Jersey and the 

eastern terminus will be at 

approximately Ninth Avenue in 

Manhattan, New York. 

This notice applies to all decisions on 

the Project as of the issuance date of this 

notice and all laws under which such 

actions were taken, including, but not 

limited to, NEPA [42 U.S.C. 4321–4375], 

Section 4(f) requirements [23 U.S.C. 

138, 49 U.S.C. 303], Section 106 of the 

National Historic Preservation Act [54 

U.S.C. 306108], Endangered Species Act 

[16 U.S.C. 1531], Clean Water Act [33 

U.S.C. 1251], Clean Air Act [42 U.S.C. 

7401–7671q], the Rivers and Harbors 

Act of 1899 (33 U.S.C. 403), and the 

Coastal Zone Management Act of 1972 

(16 U.S.C. 1451). 

Authority: 23 U.S.C. 139(l)(1). 

Jamie P. Rennert, 

Director, Office of Infrastructure Investment, 

Federal Railroad Administration. 

Mark A. Ferroni, 

Deputy Associate Administrator for Planning 

and Environment, Federal Transit 

Administration. 

[FR Doc. 2021–15575 Filed 7–21–21; 8:45 am] 

BILLING CODE 4910–57–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2021–0074] 

Petition for Waiver of Compliance 

Under part 211 of title 49 Code of 

Federal Regulations (CFR), this 

document provides the public notice 

that on June 30, 2021, the Michigan 

State Trust for Railway Preservation, 

Inc. petitioned the Federal Railroad 

Administration (FRA) for a waiver of 

compliance from certain provisions of 

the Federal railroad safety regulations 

contained at 49 CFR part 215, Railroad 

Freight Car Safety Standards. FRA 

assigned the petition Docket Number 

FRA–2021–0074. 

Specifically, Petitioner requests FRA 

approval pursuant to 49 CFR 215.203, 

Restricted cars, to continue in service 12 

freight cars 1 that are more than 50 years 

from the date of construction. The cars 

are primarily used in tourist, historic, 

and/or excursion operations. Petitioner 

additionally requests relief from 49 CFR 

215.303, Stenciling of restricted cars, to 

preserve the cars’ historic appearance. 

Of the 12 total cars, only three would be 

used in service this calendar year. 

Trains containing the cars are currently 

operated only on the Great Lakes 

Central Railroad, but in the future, 

excursions may expand to the Lake 

State Railway by way of the Huron and 

Eastern Railroad. 

A copy of the petition, as well as any 

written communications concerning the 

petition, is available for review online at 

www.regulations.gov. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested party desires 

an opportunity for oral comment and a 

public hearing, they should notify FRA, 

in writing, before the end of the 

comment period and specify the basis 

for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number and may be 

submitted by any of the following 

methods: 

• Website: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation 

(DOT), 1200 New Jersey Ave. SE, W12– 

140, Washington, DC 20590. 

Communications received by 

September 7, 2021 will be considered by 

FRA before final action is taken. 

Comments received after that date will 

be considered if practicable. Anyone 

can search the electronic form of any 

written communications and comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the document, if 

submitted on behalf of an association, 

business, labor union, etc.). Under 5 

U.S.C. 553(c), DOT solicits comments 

from the public to better inform its 

processes. DOT posts these comments, 

without edit, including any personal 

information the commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

https://www.transportation.gov/privacy. 

See also https://www.regulations.gov/ 

privacy-notice for the privacy notice of 

regulations.gov. 


lotter on DSK11XQN23PROD with NOTICES1